14:81.1 E.(5)(a)Pornography involving juveniles - modified penalty for violation of 14: 81.1 E.(1), (2) or (3) when victim is under 13 and offender is 17 or older
Whoever commits the crime of pornography involving juveniles punishable by the provisions of Paragraph (1), (2), or (3) of this Subsection when the victim is under the age of thirteen years and the offender is seventeen years of age or older shall be punished by imprisonment at hard labor for not less than one-half the longest term nor more than twice the longest term of imprisonment provided in Paragraphs (1), (2), and (3) of this Subsection. The sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
Effective: 08/15/2010 - Present
|
14:81.1 E.(5)(b)Pornography involving juveniles - penalty for violation of 14:81.1 E.(4) when victim is under 13 and the offender is 17 or older
Whoever engages in the promotion, advertisement, or production of pornography involving juveniles shall be fined not more than fifty thousand dollars and imprisoned at hard labor for not less than ten years nor more than twenty years, without benefit of probation, parole, or suspension of sentence.
Effective: 08/15/2010 - Present
|
14:81.1 E.(5)(c)Pornography involving juveniles - court shall order property used in commission of the offense
In addition, the court shall order that the personal property used in the commission of the offense, or the proceeds of any such conduct, shall be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney, or otherwise distributed or disposed of, in accordance with R.S. 15:539.1.
Effective: 06/17/2017 - Present
|
14:81.1 E.(5)(d)Pornography involving juveniles - listing of items which may be made subject to seizure and sale
The personal property made subject to seizure and sale pursuant to Subparagraph (c) of this Paragraph may include, but shall not be limited to, electronic communication devices, computers, computer related equipment, motor vehicles, photographic equipment used to record or create still or moving visual images of the victim that are recorded on paper, film, video tape, disc, or any other type of digital recording media, and currency, instruments, or securities.
Effective: 06/17/2017 - Present
|
14:81.1 E.(5)(e)Pornography involving juveniles - Electronic Monitoring for the remainder of natural life
Upon completion of the term of imprisonment imposed in accordance with Subparagraphs (5)(a) and (b) of this Subsection, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the electronic monitoring for the remainder of his natural life
Effective: 08/15/2010 - Present
|
14:81.1 E.(5)(f)Pornography involving juveniles - offender shall pay the cost of such monitoring
Unless it is determined by the Department of Public Safety and Corrections, pursuant to rules adopted in accordance with the provisions of this Subsection, that a sexual offender is unable to pay all or any portion of such costs, each sexual offender to be electronically monitored shall pay the cost of such monitoring.
Effective: 08/15/2010 - Present
|
14:81.1 E.(5)(g)Pornography involving juveniles - costs borne by department if and only if to the degree that funds are available
The costs attributable to the electronic monitoring of an offender who has been determined unable to pay shall be borne by the department if, and only to the degree that sufficient funds are made available for such purpose whether by appropriation of state funds or from any other source.
Effective: 08/15/2010 - Present
|
14:81.1 E.(5)(h)Pornography involving juveniles - DPSC shall develop, adopt and promulgate rules to provide for payment of such costs
(h) The Department of Public Safety and Corrections shall develop, adopt, and promulgate rules in the manner provided in the Administrative Procedure Act, that provide for the payment of such costs. Such rules shall contain specific guidelines which shall be used to determine the ability of the offender to pay the required costs and shall establish the reasonable costs to be charged. Such rules may provide for a sliding scale of payment so that an offender who is able to pay a portion, but not all, of such costs may be required to pay such portion.
Effective: 08/15/2010 - Present
|
14:81.1 F.Pornography involving juveniles - evidence shall be contraband and shall be sent to the internet crimes against children division within the attorney general's office
Any evidence of pornography involving a child under the age of seventeen shall be contraband. Such contraband shall be seized in accordance with law and shall be disposed of in accordance with R.S. 46:1845. Upon the filing of any information or indictment the investigating law enforcement agency which seized the photographs, films, videotapes, or other visual reproductions shall provide copies of those reproductions to the Internet crimes against children division within the attorney general's office.
Effective: 08/15/2009 - Present
|
14:81.1 G.Pornography involving juveniles - factors which the trier of fact may use to determine whether or not the person was under 17 years of age
In prosecutions for violations of this Section, the trier of fact may determine, utilizing the following factors, whether or not the person displayed or depicted in any photograph, videotape, film, or other video reproduction introduced in evidence was under the age of seventeen years at the time of filming or recording: the general body growth, bone structure, and bone development of the person, the development of pubic or body hair, the development of the person's sexual organs, the context in which the person is placed or the age attributed to the person, available expert testimony and other information as available
Effective: 08/21/1992 - Present
|
14:81.1 H.Pornography involving juveniles - Section does not applly to a provider of an computer service, telecommunications service or cable operator
The provisions of this Section shall not apply to a provider of an interactive computer service, provider of a telecommunications service, or a cable operator as defined by the provisions of this Section.
Effective: 08/15/2010 - Present
|
14:81.1(B)(1).Pornography involving juveniles - definitions - Access software provider
Definitions of: 'access software provider', '(1) 'Access software provider' means a provider of software, including client or server software, or enabling tools that do any one or more of the following:
(a) Filter, screen, allow, or disallow content.
(b) Select, choose, analyze, or digest content.
(c) Transmit, receive, display, forward, cache, search, organize, reorganize, or translate content.
Effective: 08/15/2010 - Present
|
14:81.1(B)(10)Pornography involving juveniles - definition: 'Sexual performance'
Definitions of: 'Sexual performance' means any performance or part thereof that includes actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals or anus.
Effective: 08/15/2010 - Present
|
14:81.1(B)(11)Pornography involving juveniles - definition: 'Telecommunications service'
Definitions of: 'Telecommunications service' means the offering of telecommunications for a fee directly to the public, regardless of the facilities used.
Effective: 08/15/2010 - Present
|
14:81.1(B)(2)Pornography involving juveniles - definitions - Cable operator
Definitions of: 'access software provider', 'cable operator', 'coerce', 'debt bondage', 'distribute', 'interactive computer service', 'labor or services', 'pornography involving juveniles', 'produce', 'sexual performance', and 'telecommunications service'.
Effective: 08/15/2010 - Present
|
14:81.1(B)(3)Pornography involving juveniles - definitions: Coerce
(3) 'Coerce' shall include but not be limited to any of the following:
(a) Causing or threatening to cause serious bodily injury.
(b) Physically restraining or threatening to physically restrain another person.
(c) Abduction or threatened abduction of an individual.
(d) The use of a plan, pattern, or statement with intent to cause an individual to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of an individual.
(e) The abuse or threatened abuse of law or legal process.
(f) The actual or threatened destruction, concealment, removal, confiscation, or possession of any actual
Effective: 08/15/2010 - Present
|
14:81.1(B)(4)Pornography involving juveniles - definitions - 'Debt bondage'
Definitions of: 4) 'Debt bondage' means inducing an individual to provide any of the following:
(a) Commercial sexual activity in payment toward or satisfaction of a real or purported debt.
(b) Labor or services in payment toward or satisfaction of a real or purported debt if either of the following occur:
(i) The reasonable value of the labor or services provided is not applied toward the liquidation of the debt.
(ii) The length of the labor or services is not limited and the nature of the labor or services is not defined.
Effective: 08/15/2010 - Present
|
14:81.1(B)(6)Pornography involving juveniles - definitions - Interactive computer service'
Definitions of: 'Interactive computer service' means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.
Effective: 08/15/2010 - Present
|
14:81.1(B)(7)Pornography involving juveniles - definitions 'Labor or services'
Definitions of Labor or services' mean activity having economic value.
Effective: 08/15/2010 - Present
|
14:81.1(B)(8)Pornography involving juveniles - definition: 'Pornography involving juveniles'
Definitions of: Pornography involving juveniles' is any photograph, videotape, film, or other reproduction, whether electronic or otherwise, of any sexual performance involving a child under the age of seventeen.
Effective: 08/15/2010 - Present
|
14:81.1(B)(9)Pornography involving juveniles - definition: 'Produce
Definitions of:Produce' means to photograph, videotape, film, or otherwise reproduce pornography involving juveniles, or to solicit, promote, or coerce any child for the purpose of pornography involving juveniles.
Effective: 08/15/2010 - Present
|
14:81.1.1'Sexting'
'Sexting'; prohibited acts; penalties
Effective: 08/15/2010 - Present
|
14:81.1.1 A.(1)Sexting - no person under 17 shall knowingly and voluntarily use a computer or telecommunication device to transmit indecent visual depiction
No person under the age of seventeen years shall knowingly and voluntarily use a computer or telecommunication device to transmit an indecent visual depiction of himself to another person.
Effective: 08/15/2010 - Present
|
14:81.1.1 A.(2)Sexting - no person under 17 shall knowingly and possess or transmit an indecent visual depiction transmitted by another under the age of 17 years
No person under the age of seventeen years shall knowingly possess or transmit an indecent visual depiction that was transmitted by another under the age of seventeen years in violation of the provisions of Paragraph (1) of this Subsection.
Effective: 08/15/2010 - Present
|
14:81.1.1 B.Sexting - definitions as used in this Section
Definitions of 'indecent visual depction', 'sexually explicit conduct', 'telecommunication device' and 'transmit' as used in this Section
Effective: 08/15/2010 - Present
|